Oconto Land Co. v. Mosling
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oconto county: S. D. -Hastings, Circuit Judge. Appeal from an order denying defendant the privilege of examining the president of the plaintiff company under sec. 4096, Stats. 1898. The alleged purpose of the proposed examination was to enable the defendant to frame his answer to the complaint, which complaint contained several causes of action, each to recover damages for the conversion of a specified quantity of sawlogs alleged…
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Appeal from an order of the circuit court for Oconto county: S. D. -Hastings, Circuit Judge. Appeal from an order denying defendant the privilege of examining the president of the plaintiff company under sec. 4096, Stats. 1898. The alleged purpose of the proposed examination was to enable the defendant to frame his answer to the complaint, which complaint contained several causes of action, each to recover damages for the conversion of a specified quantity of sawlogs alleged to have been, at the time of the conversion, property of one not a party to the action, to have been then located on a…
1Opinion of the CourtMaeshall, J.
It is conceded, as the fact is, tbat the notice of appeal was properly served pursuant to sec. 3049, Stats. 1898. Tbat, by tbe express words of such section, constituted tbe taking of an appeal, and conferred jurisdiction here, sufficient to enable this court to permit such mistakes to be corrected as may be necessary to put it in tbat full possession of tbe cause requisite to a hearing and determination thereof, though sec. 3052 provides tbat, to render an appeal “effective for any purpose” an undertaking must be executed as therein required. This subject was so recently discussed, all…
2Cases cited5 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Western Mattress Co. v. OstergaardNebraska Supreme Court · 1904
- Milwaukee Trust Co. v. SherwinWisconsin Supreme Court · 1904
- Hooker v. Village of BrandonWisconsin Supreme Court · 1886
- Franke v. NunnenmacherWisconsin Supreme Court · 1868
3Cited by5 opinions
- Burger v. SinclairNorth Dakota Supreme Court · 1912
- Ady v. BarnettWisconsin Supreme Court · 1910
- Haessly v. SecorWisconsin Supreme Court · 1908
- Schlecht v. AndersonWisconsin Supreme Court · 1929
- Richter v. LukaszewiczWisconsin Supreme Court · 1919